Eastern District of California • 1:26-cv-06066

#1

Aug 03, 2026

PETITION for WRIT of HABEAS CORPUS against Warden, Central Valley Annex Detention Facility by Hernan Garcia Hernandez. (Deputy Clerk DAR) (Entered: 08/04/2026)

#2

Aug 03, 2026

MOTION to PROCEED IN FORMA PAUPERIS by Hernan Garcia Hernandez. (Deputy Clerk DAR) (Entered: 08/04/2026)

#3

Aug 03, 2026

MOTION to APPOINT COUNSEL by Hernan Garcia Hernandez. (Deputy Clerk DAR) (Entered: 08/04/2026)

#4

Aug 03, 2026

MOTION for TEMPORARY RESTRAINING ORDER by Hernan Garcia Hernandez. (Deputy Clerk DAR) (Entered: 08/04/2026)

#5

Aug 04, 2026

IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk JJD) (Entered: 08/04/2026)

#6

Aug 04, 2026

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Shelley D. Weger, GOVT for Warden, Central Valley Annex Detention Facility (Weger, Shelley) (Entered: 08/04/2026)

#7

Aug 04, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/4/2026: The Court is in receipt of Petitioner's Writ of Habeas Corpus ("Petition") and Motion for Temporary Restraining Order ("TRO"). The Court intends to rule directly on the Petition, with the understanding that the Court will also consider any arguments made and exhibits submitted in support of the TRO. See Fed. R. Civ. P. 65(a)(2) ("Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the trial on the merits and consolidate it with the hearing."); 28 U.S.C. § 2243 ("The court shall summarily hear and determine the facts, and dispose of [a petitioner's habeas petition] as law and justice require."); Dzhabrailov v. Decker, No. 20-cv-03118-PMH, 2020 WL 2731966, at *4 (S.D.N.Y. May 26, 2020) (considering preliminary injunction and merits of habeas petition simultaneously). Respondents to file a Response to the 1 Habeas Petition within 3 calendar days of this order. Any response must include the Petitioner's full Form I-213, any orders of release or detention, any custody warrants or notices, any other portions of Petitioner's A-File relevant to the determination of the issues presented in the Petition, and Petitioner's criminal record to the extent one exists. Petitioner may file a reply within 9 calendar days of this order. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition is pending. The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition upon the Federal Defender. (Text Only Entry) (Thomas, Julia) (Entered: 08/04/2026)

Aug 04, 2026

SERVICE BY MAIL: 7 Minute Order served on Petitioner. (Thomas, Julia)

Aug 04, 2026

Minute Order

Aug 04, 2026

SERVICE BY MAIL: 5 Immigration New Case Documents served on Hernan Garcia Hernandez. (Deputy Clerk JJD)

Aug 04, 2026

Service by Mail

#8

Aug 07, 2026

OPPOSITION by Respondent Warden, Central Valley Annex Detention Facility to 1 Petition for Writ of Habeas Corpus, 4 MOTION for TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Exhibit 1 (I-200 and I-286), # 2 Exhibit 2 (NTA), # 3 Exhibit 3 (order), # 4 Exhibit 4 (notice of hearing), # 5 Exhibit 5 (RAP sheet))(Weger, Shelley) (Entered: 08/07/2026)

#9

Aug 11, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/11/2026: Pursuant to the Order appointing counsel dated 8/4/26 (ECF No. 7 ), the appointing authority for the Eastern District of California has confirmed that attorney Ellen V. Leonida seeks appointment nunc pro tunc to 8/11/26 and notified the Court of Counsel's contact information. Attorney Ellen V. Leonida is hereby appointed pro hac vice as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Attorney Ellen V. Leonida, Sideman & Bancroft LLP, 1 Embarcadero Ctr., Fl 22, San Francisco, CA 94111, (415) 392-1960, eleonida@sideman.com, as counsel for petitioner on an ad hoc basis in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 08/11/2026)

Aug 11, 2026

SERVICE BY MAIL: 9 Minute Order served on Petitioner. (Thomas, Julia)

Aug 11, 2026

Minute Order AND Order on Motion to Appoint Counsel AND ~Util - Add and Terminate Attorneys

Aug 11, 2026

Service by Mail

#10

Aug 13, 2026

STIPULATION and PROPOSED ORDER Extending Briefing Schedule by Hernan Garcia Hernandez. (Leonida, Ellen) (Entered: 08/13/2026)

#11

Aug 14, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/14/2026: The Parties' Joint Stipulation at Dkt. No. 10 is GRANTED. Petitioner may file his reply, if any, on 8/28/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/14/2026)

Aug 14, 2026

Minute Order

#12

Aug 26, 2026

MOTION for 14-DAY EXTENSION OF TIME to File Petitioner's Reply In Support Of Petition by Hernan Garcia Hernandez. (Leonida, Ellen) (Entered: 08/26/2026)

#13

Aug 27, 2026

MINUTE ORDER signed by District Judge Vince Chhabria on 8/27/2026: Petitioner's unopposed motion for a 14-day extension to file his reply is GRANTED. Petitioner may file his reply on or before 9/11/2026. (Text Only Entry) (Thomas, Julia) (Entered: 08/27/2026)

Aug 27, 2026

Minute Order AND Order on Motion for Extension of Time

#15

Sep 17, 2026

ORDER signed by District Judge Vince Chhabria on 9/17/2026 GRANTING 1 Petition for Writ of Habeas Corpus and ORDERING Respondents to IMMEDIATELY RELEASE Petitioner Hernan Garcia Hernandez (A242-369-079) from their custody. Respondents shall not impose any additional restrictions on Petitioner, unless that is determined to be necessary at a future pre-deprivation and/or custody hearing. (CASE CLOSED) (cc Central Valley Annex) (Thomas, Julia)

#16

Sep 17, 2026

Judgment